Selling the marital home

Hi everyone. Hope someone can help.

Just wondered if anyone knows what the situation is with regards to selling the marital home.

Have been divorced now for two years. Consent Order in place with a 45%-55% split in my favour for the marital home.

X-husband is on a good income (owns his own company) and bought his own house last year and moved out. He has refused to lower the asking price for the marital home for the last 2 years even though prices have reduced considerably. We have not had one viewing because of its high price. His reason being that he wants as much as he can to put towards his new home. He could have bought me out of the marital home with the money he paid for his new one but he had hoped to keep his new property a secret.


I am on a low income and have had no choice but to live in the marital home. I am desperate to sell as I cannot afford the bills and the maintainance of the property. He is unwilling to help and in fact is wanting me now to pay him occupation rent (whatever that is). We have had no viewings in the last year. I am feeling trapped. I have no privacy as I cannot stop him entering the house. I am desperate to move on with my life but until the house is sold I feel I am in limbo. Is there anything I can do? Can I lower the price without his consent? Can I accept an offer as long as it is within a realistic market valuation of the property.

Thanks

Hi Jade-
what an awful situation. Sounds like you are being treated most unfairly, and your ex is being extremely callous. Hope someone can give you the legal details of this soon, I certainly dont see why he should be invading your privacy at home, or being stubborn about the asking price.

Hi Constanza

Thank you for your reply. He is a very unreasonable, controlling person. For 18 month we shared the marital home alternate fortnights which was a nightmare moving in and out along with working full time.

The reason he bought his house in secret by the way was because he hoped to continue making me do this indefinitely, him of course then staying at his own home in the weeks he was out of the marital home. I fortunately found out purely by fluke. This did not go down very well with him.

He was even more incensed when I discovered that he had been overcharging for all the bills for the house. His solicitor had drawn up the payments (from the costs he gave them of course) they were highly inflated and because I was not the named person on the bill I was not able to check I was paying the correct amount.

I am keen therefore to sell the house and rid myself of a person that has controlled my life for 30 years.

Jade-

I am hoping someone will provide the link for you so you can provide all your details so someone can give you good advice. I am not very techno, so cant help with that- but I offer you my sympathy and hope that this will soon be sorted better for you. If no one answers your post soon, try coming in to Chat later this evening,

best wishes,
Stanza

It is unfortunately not possible to give you some advice without knowing what is in the order.

1. Was the selling price actually stipulated in the order ?
2. Is there any provision for reviewing the asking price if there is no interest ?
3. Does your order contain the words ' liberty to apply ' or
words to that effect ?

Mike 100468

Hi Mike Thank you for your reply.

The wording in the consent order is:

The said property shall be sold for such price as may be agreed between the parties or in default of such agreement as determined by the court.

Both parties shall have conduct of the sale.

The said property shall be offered for sale by such estate agents as may be agreed between the parties or in default of such agreement as nominated by the court.

There be liberty to apply as to the implementation and timing of the terms of this order.

Does the above mean my only recourse is to go to court from the above. I am trying to avoid that as I understand it could be costly. I am unsure as to what the last paragraph means.

Regards

Yes, I thought so.

What ' liberty to apply ' means is that either party can apply for directions as to what is top be done if, as in your case, you have hit a logjam and need directions as to how to proceed further.

I assume the original asking price was agreed between you but from what you say, it seems clear that you need to think in terms of a reduction, and if he will not agree, then you need to go to Court. I can't see that his behaviour will do him any good if it gets that far.

Mike 100468